Terms and conditions

Last Updated: April 15, 2025

1. INTRODUCTION

These Terms and Conditions (“Terms”) govern your access to and use of the website operated by Advanced Flavors & Fragrances Pte Ltd, doing business as VKA, a company registered in Singapore with registration number 201817430C and having its registered address at 82 Ubi Ave 4, Edward Boustead Centre, #07-01, Singapore (“Company”, “we”, “us”, or “our”).

By accessing or using our website at www.vkaff.com (the “Website”), you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Website.

2. DEFINITIONS

“Content” means any information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials that can be accessed through the Website.

“Intellectual Property” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

“Product” means flavors, fragrances, and other items offered by the Company through the Website.

“Services” means all services provided by the Company through the Website, including but not limited to product information, inquiry processing, and customer support.

“User”, “you”, or “your” means any individual or entity that accesses or uses the Website.

3. ELIGIBILITY

By using our Website, you represent and warrant that:

3.1. You are at least 18 years of age;

3.2. You have the legal capacity to enter into these Terms;

3.3. You are using the Website for lawful business purposes related to flavors and fragrances;

3.4. You will not use the Website for any purpose that is unlawful or prohibited by these Terms.

4. WEBSITE ACCESS AND USE

4.1. License to Use Website: We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your legitimate business purposes in exploring or purchasing our flavor and fragrance products, subject to strict compliance with these Terms. All rights not expressly granted herein are reserved.

4.2. Prohibited Uses: You agree not to engage in any of the following activities, which are strictly prohibited:

  1. a) Use the Website in any way that may cause damage to the Website or impair its availability, accessibility, functionality, or security;
  2. b) Use the Website in any way that is unlawful, illegal, fraudulent, deceptive, or harmful, or in connection with any unlawful, illegal, fraudulent, deceptive, or harmful purpose or activity;
  3. c) Use the Website for any purpose related to marketing, competitive analysis, business intelligence gathering, market research, or reverse engineering without our express prior written consent;
  4. d) Use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of or contains any viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of the Website;
  5. e) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without our express written consent;
  6. f) Use data collected from the Website for any direct marketing activities, electronic or otherwise;
  7. g) Use the Website in a way that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Website;
  8. h) Attempt to gain unauthorized access to any portion or feature of the Website, to any other systems or networks connected to the Website, to any of our servers, or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate means;
  9. i) Access any content on the Website through any technology, means, or interface not provided or authorized by us;
  10. j) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than the search engine and search agents available from us on the Website and other than generally available third-party web browsers;
  11. k) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
  12. l) Remove any copyright, trademark, or other proprietary notices from any portion of the Website;
  13. m) Mirror or frame any part of the Website without our express prior written consent; or
  14. n) Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

4.3. Account Security and Responsibility: If you create an account or submit forms on our Website, you are responsible for:

  1. a) Maintaining the strict confidentiality of your account information and password;
  2. b) Restricting access to your computer, mobile device, and your account;
  3. c) Ensuring that you exit from your account at the end of each session;
  4. d) Promptly notifying us of any unauthorized use of your account or any other breach of security; and
  5. e) Ensuring that all information provided to us is accurate, current, and complete.

You agree to accept full responsibility for all activities that occur under your account or password, whether or not you authorized such activities. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

5. PRODUCTS AND SERVICES

5.1. Product Information: All descriptions of Products on the Website are intended to be as accurate as possible. However, we do not warrant that Product descriptions are accurate, complete, reliable, current, or error-free.

5.2. Samples and Orders: Any provision of samples or order processing may be subject to separate terms and conditions, which will be provided at the time of such transactions.

5.3. Product Use: Our flavors and fragrances are intended for use by professionals in food, beverage, and fragrance industries. They should be used in accordance with industry standards, applicable regulations, and our specific usage instructions.

5.4. Regulatory Compliance: It is your responsibility to ensure that your use of our Products complies with all applicable local, national, and international laws and regulations related to food, fragrances, and consumer safety.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. Our Intellectual Property: All Content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, layouts, designs, look and feel, and product descriptions, is the sole and exclusive property of the Company or its content suppliers and is protected by Singapore and international copyright, trademark, trade secret, and other intellectual property laws. No right, title, or interest in any Content is transferred to you as a result of your use of the Website.

6.2. Proprietary Information and Trade Secrets: All flavor and fragrance formulations, recipes, compounds, chemical compositions, ingredient lists, manufacturing processes, quality control standards, analytical methodologies, application techniques, stability data, organoleptic profiles, and related technical information are proprietary to the Company and constitute valuable trade secrets and confidential information protected under Singapore law and applicable international treaties. Any unauthorized use, reproduction, reverse engineering, disclosure, or distribution of such formulations, technical information, or trade secrets is strictly prohibited and may result in severe civil and criminal penalties. You acknowledge that any disclosure or misappropriation of any of our trade secrets will cause us irreparable harm, and we shall be entitled to immediate injunctive relief.

6.3. License Restrictions: The limited license granted herein is subject to these Terms. You expressly agree that you may not:

  1. a) Republish, reproduce, duplicate, copy, modify, sell, rent, sublicense, create derivative works from, transfer, or distribute any material or Content from this Website in any form or by any means without our express prior written consent;
  2. b) Remove any copyright, trademark, or other proprietary notices from any Content on the Website;
  3. c) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form);
  4. d) Use any meta tags or any other “hidden text” utilizing our name, trademarks, or product names;
  5. e) Reverse engineer, decompile, disassemble, or attempt to extract the composition, formula, or manufacturing process of any flavor or fragrance product;
  6. f) Use any of our flavor or fragrance products as a basis for developing similar or competitive products;
  7. g) Analyze or have analyzed our products for the purpose of determining their composition;
  8. h) Use any device, software, or routine that interferes with the proper working of the Website; or
  9. i) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

6.4. Trademarks: “Advanced Flavors & Fragrances”, “VKA”, and all related names, logos, product and service names, designs, and slogans are registered or unregistered trademarks, trade names, and service marks of the Company or its affiliates and licensors. All other trademarks, trade names, and service marks appearing on the Website are the property of their respective owners. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any such marks in any way without our prior written consent, and you must not use such marks for any purpose not expressly authorized in these Terms.

6.5. Confidentiality: Any non-public information, including but not limited to pricing, product specifications, sample information, or strategic business information that you receive from us in connection with your use of the Website shall be considered confidential information. You agree to keep all such information strictly confidential, to use it solely for the purpose of evaluating a potential business relationship with us, and to take all reasonable measures to prevent its unauthorized disclosure.

7. USER SUBMISSIONS

7.1. Form Submissions: By submitting information through forms on our Website, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your submission in any existing or future media.

7.2. Content Standards: Any content you submit must:

  1. a) Be accurate (where stating facts);
  2. b) Be genuinely held (where stating opinions);
  3. c) Comply with applicable law in Singapore and in any country from which it is posted.

7.3. Prohibited Content: Your submissions must not:

  1. a) Contain any defamatory, obscene, or offensive material;
  2. b) Contain any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  3. c) Contain any viruses, corrupted data, or other harmful, disruptive, or destructive files;
  4. d) Be likely to deceive any person;
  5. e) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  6. f) Advocate, promote, or assist any unlawful act.

8. PERSONAL DATA PROTECTION

8.1. Data Collection and Compliance: We collect and process personal data in strict accordance with Singapore’s Personal Data Protection Act (PDPA) and other applicable data protection laws. Our Privacy Policy, which is incorporated by reference into these Terms, details our data collection, use, disclosure, and protection practices. You acknowledge that you have read and understood our Privacy Policy.

8.2. Business Contact Information and Consent:

  1. a) We may collect business contact information such as your name, job title, company name, business address, business email address, and business telephone number for managing our business relationship with you, processing inquiries, providing customer service, sending important notices, and fulfilling our contractual obligations.
  2. b) By using our Website and providing your personal data, you expressly and unequivocally consent to the collection, use, disclosure, and processing of your information as described in these Terms and our Privacy Policy. You represent and warrant that all data provided by you is accurate and up-to-date.
  3. c) You acknowledge that your consent remains valid even after the termination of your relationship with us, to the extent permitted by applicable law.

8.3. Third-Party Access and Data Security:

  1. a) We do not sell, trade, rent, or lease your personal data to third parties for their marketing purposes without your explicit consent.
  2. b) We may share your information with: i. Our subsidiaries, affiliates, and trusted business partners for the purposes of providing our services; ii. Third-party service providers who perform services on our behalf, subject to confidentiality obligations; iii. Legal authorities when required by law, regulation, or legal process; iv. Relevant parties in the event of a corporate transaction such as a merger, acquisition, or asset sale.
  3. c) We implement appropriate technical and organizational measures to safeguard your personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage.

8.4. Your Rights and Choices:

  1. a) Subject to legal and contractual restrictions, you may have the right to access, correct, delete, or restrict the processing of your personal data.
  2. b) To exercise these rights, you must contact us in writing at [email protected].
  3. c) We reserve the right to charge a reasonable fee for processing data access requests.
  4. d) We may retain your personal data even after account termination if reasonably necessary to comply with our legal obligations, resolve disputes, prevent fraud and abuse, enforce our agreements, or protect our legitimate interests.

8.5. Cross-Border Transfers: Your personal data may be transferred to, and processed in, countries other than the country in which you reside. These countries may have data protection laws that are different from the laws of your country. By using our Website, you consent to this transfer, storing, or processing.

9. THIRD-PARTY LINKS

9.1. The Website may contain links to third-party websites or services that are not owned or controlled by us.

9.2. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

9.3. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

10. WARRANTY DISCLAIMER

10.1. THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2. We do not warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.

10.3. Information about Products and their applications provided on the Website is for general information purposes only and does not constitute technical advice.

11. LIMITATION OF LIABILITY

11.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) RESULTING FROM:

  1. a) YOUR ACCESS TO, USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE ON THE WEBSITE OR ANY PRODUCTS;
  2. b) ANY CONDUCT, ACT, OR OMISSION OF ANY THIRD PARTY ON OR RELATED TO THE WEBSITE;
  3. c) ANY CONTENT, INFORMATION, OR MATERIALS OBTAINED FROM OR THROUGH THE WEBSITE;
  4. d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
  5. e) ANY PRODUCT DEFECTS, PRODUCT LIABILITY CLAIMS, OR DAMAGES RESULTING FROM THE USE OR MISUSE OF OUR PRODUCTS;
  6. f) ANY BUSINESS LOSSES, INCLUDING WITHOUT LIMITATION ANY LOSS OF BUSINESS, CONTRACTS, OPPORTUNITY, GOODWILL, REPUTATION, ANTICIPATED SAVINGS, OR DATA;
  7. g) ANY DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES;
  8. h) ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE, OR ADVERTISEMENTS OR LINKS ON THE WEBSITE; OR
  9. i) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE WEBSITE OR OUR PRODUCTS.

11.2. THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3. Our total aggregate liability to you for all claims arising from or related to your use of the Website or our Products shall not exceed the lesser of: (a) SGD 500; or (b) the amount you paid to the Company, if any, in the three (3) months preceding the event giving rise to the liability.

11.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11.5. The limitations set forth in this Section shall apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

12. INDEMNIFICATION

12.1. You agree to defend, indemnify, and hold harmless the Company, its directors, officers, employees, contractors, agents, suppliers, licensors, successors, assigns, parent companies, subsidiaries, and affiliates from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties, or fees (including, without limitation, reasonable attorneys’ fees and legal costs) arising out of or in any way connected with:

  1. a) Your access to or use of the Website or any Products;
  2. b) Your breach or violation of these Terms;
  3. c) Your violation of any applicable law, rule, or regulation;
  4. d) Your violation of any third-party right, including without limitation any intellectual property right, trade secret, publicity, confidentiality, property, or privacy right;
  5. e) Any misrepresentation made by you;
  6. f) Any dispute between you and any other user of the Website or any third party;
  7. g) Any claim that your use of our Products caused damage to a third party;
  8. h) Any unauthorized access to or use of our servers and/or any personal information stored therein;
  9. i) Any product liability claims arising from your use or misuse of our Products; or
  10. j) Any activities conducted through your use of the Website.

12.2. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company.

12.3. This indemnification obligation will survive the termination or expiration of these Terms and your use of the Website.

13. TERMINATION

13.1. We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

13.2. Upon termination, your right to use the Website will immediately cease.

13.3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. CHANGES TO TERMS

14.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect.

14.2. Your continued use of the Website after we post changes to these Terms constitutes your acceptance of those changes.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1. These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.

15.2. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.

15.3. The tribunal shall consist of one (1) arbitrator.

15.4. The language of the arbitration shall be English.

15.5. Before commencing arbitration, both parties agree to make a good faith effort to resolve any dispute through mediation conducted by the Singapore Mediation Centre.

16. SEVERABILITY

16.1. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

17. ENTIRE AGREEMENT

17.1. These Terms, together with the Privacy Policy and any other legal notices published by us on the Website, shall constitute the entire agreement between you and us concerning the Website.

17.2. These Terms supersede and replace any prior agreements between you and us regarding the Website.

18. WAIVER

18.1. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18.2. No waiver of any provision of these Terms will be effective unless it is in writing and signed by an authorized representative of the Company.

19. ASSIGNMENT

19.1. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent.

19.2. Any attempt by you to assign or transfer these Terms without our consent shall be null and void.

19.3. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

20. NOTICES

20.1. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by the Company:

  1. a) via email (in each case to the address that you provide); or
  2. b) by posting to the Website.

20.2. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

21. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Advanced Flavors & Fragrances Pte Ltd 82 Ubi Ave 4, Edward Boustead Centre, #07-01 Singapore Email: [email protected] Phone: +65 6909 8635

By using our Website, you acknowledge that you have read and understood these Terms and agree to be bound by them.